Pulled Into an Upshur County Tax Lawsuit Over Inherited Property?

Note: BCP Real Estate is not a law firm and its employees/owners are not acting as your attorneys. The information contained on this website is provided for educational and informational purposes only and should not be construed as legal advice on any subject matter.

If a family property in Upshur County has pulled you into a tax lawsuit, the confusion is understandable. Many of the people we talk to didn’t know they were tied to the property until the paperwork arrived.

Often the first contact is a constable or sheriff’s deputy at the door with a citation and an Original Petition. Being served in person is unsettling, and people frequently assume it’s something more serious than it is. In these matters it’s usually just the standard way a civil case over unpaid property taxes begins. It isn’t a criminal charge, and it isn’t a scam.

The usual cause is a gap in probate. When an owner passes away without probate, their interest passes to the next of kin under Texas intestacy laws, while the county’s records still list the original owner. When the taxes go unpaid long enough, the suit is filed and the county researches the family tree to name the living heirs.

In Upshur County, taxes run through the Upshur County Tax Assessor-Collector (215 N. Titus, Gilmer, TX 75644; 903-843-3085), property values are set by the Upshur County Appraisal District, and the case is on record with the Upshur County District Clerk. All of it is public and can be confirmed before you make any decision.

From there, people generally resolve the lawsuit with an attorney, look into a payment arrangement, or sell their portion, which takes them out of the lawsuit without needing everyone else to agree.

A couple of questions we hear a lot in Upshur County:

My grandparents’ place passed down to a bunch of us. Can I sell just my piece? Yes. Each heir holds their own share and can sell it independently, no matter how many relatives ended up with an interest.

After I sell, am I completely out of it? Yes. Once your portion is sold and recorded, your name comes off the deed and the lawsuit, and the rest is no longer your responsibility.

If you’re looking to remove yourself from a lawsuit and get paid for your interest, no cost to you, call or text us at (469) 708-8003 for an offer today.